Purpose: The adoption of this water management rule is
needed to protect instream values within portions of the
Quilcene-Snow watershed, to avoid injury to existing water
rights from future appropriations of water, and implement
recommendations of the WRIA 17 Quilcene-Snow watershed
planning unit. This rule sets instream flows, closes or
seasonally closes subbasins to future withdrawals, establishes
reserves of water for future use, specifies conditions of use
for access to the reserves, and requires metering for all new
withdrawals. This rule helps the Washington state department
of ecology meet statutory obligations to manage waters for
public use and for the protection of instream flows.

Changes Other than Editing from Proposed to Adopted Version: There are a number of changes from the proposed rule
published with the CR-102 and the rule adopted and published
with the CR-103. The changes were made in response to
comments, as well as upon ecology's initiative. The changes
made do not change the general subject matter or the intent of
the rule as proposed.

In subsection (3) deleted last sentence that mentioned
rainwater catchment provisions. The rainwater provisions in
the proposed rule were deleted in response to publication of
ecology's rainwater policy interpretive statement 1017. This
policy states ecology's interpretation that the on-site
storage and/or beneficial use of rooftop or guzzler collected
rainwater is not subject to the permit process of chapter 90.03 RCW.

In subsection (4)(b) deleted language that discussed
setting limits on future ground water withdrawals in coastal
management areas. Ecology did not adopt WAC 173-517-130 of
the proposed rule. Ecology chose to postpone rule making to
address closures and water management requirements in the
coastal management areas in light of recently issued Attorney
General Opinion 2009 No. 6. Eliminating these provisions has
no effect on remaining elements of the rule. More time is
needed to assess management approaches for the coastal areas.

In subsection (4) deleted the phrase "existing on the
effective date of this chapter" to be consistent with other
rules.

In subsection (4) added language clarifying the
applicability of the rule to existing permit-exempt
withdrawals. This clarification is consistent with original
rule intent and was also made in response to comments.

Deleted Map C which showed the locations of three streams
in the coastal management areas. Ecology chose to postpone
rule making to address closures and water management
requirements in the coastal management areas in light of
recently issued Attorney General Opinion 2009 No. 6.
Eliminating these provisions has no effect on remaining
elements of the rule. More time is needed to assess
management approaches for the coastal areas.

Deleted subsection (2) of this section, deleted reference
to subsection (2) and renumbered remaining sections. The
deleted language would have closed surface and ground water in
coastal management areas. Ecology chose to postpone rule
making to address closures and water management requirements
in the coastal management areas in light of recently issued
Attorney General Opinion 2009 No. 6. Eliminating these
provisions has no effect on remaining elements of the rule.
More time is needed to assess management approaches for the
coastal areas.

In subsections (2), (3), and (3)(a) eliminated
references to subsection WAC 173-517-100(2) which has been
deleted.

In subsection (3)(b) eliminates reference to WAC 173-517-130, and instead refers to Map B of WAC 173-517-070
for designating coastal management areas. This change was
made to maintain internal consistency in light of ecology's
decision to not adopt WAC 173-517-130 of the proposed rule.

Language changes in subsection (4) to clarify submittal
and approval of mitigation plans. These changes were made in
response to comments from the Jamestown S'Klallam Tribe,
American Rivers, and the Washington Environmental Council.

Deleted subsection (8) and edited introductory paragraph
of WAC 173-517-110 for internal consistency. The rainwater
provisions in the proposed rule were deleted in response to
publication of ecology's rainwater policy interpretive
statement 1017. This policy states ecology's interpretation
that the on-site storage and/or beneficial use of rooftop or
guzzler collected rainwater is not subject to the permit
process of chapter 90.03 RCW.

Added language to subsection (1)(b) to clarify that the
provisions of this rule may not be modified by county
ordinance. The change was made in response to a comment from
American Rivers and Washington Environmental Council.

Added language to subsection (2) clarifying that uses
associated with a group domestic system may also mitigate for
water use above the conservation standard. This change is
consistent with original rule intent.

Ecology chose to postpone rule making to address closures
and water management requirements in the coastal management
areas in light of recently issued Attorney General Opinion
2009 No. 6. Eliminating these provisions has no effect on
remaining elements of the rule. More time is needed to assess
management approaches for the coastal areas.

Subtitles were added to subsections (4), (5), (6), (7),
and (8) to aid in readability.

In subsections (5), (6), and (7) the "or" was replaced
with "and" to clarify that all the listed uses are allowed in
the named reserve management areas. This change is a
grammatical correction and consistent with original intent.

In subsection (8) clarified the use allowed in the
Chimacum reserve management area by adding reference to the
applicable definition in WAC 173-517-030. This change
provides clarification and is consistent with original intent.

In subsection (8)(a) modified language for internal
consistency with clarification in subsection (8) of this
section.

In subsection (8)(b) added clarifying language to state
this provision applies "within the Chimacum subbasin." This
language is consistent with the original intent.

In subsection (10) added reference to WAC 173-517-110 and
modified language for consistency with WAC 173-517-110. The
change clarifies the applicability of the provisions in
section 173-517-110 and was made in response to a comment from
the Jamestown S'Klallam Tribe.

In subsection (5) modified language to allow any water to
be credited to a reserve if a water user permanently ceases
use. This change allows more flexibility for managing
reserves and was made in response to a comment from Jefferson
County.

In subsection (6) added an ecology commitment to publish
a public notice about remaining quantities in the reserves.
This chance [change] was made in response to comments received
about WAC 173-517-060 Regulation review.

Modified language to require "each" new appropriation to
meter water use, and deleted the word "source" to clarify that
meters may be required for each connection. This change was
made in response to a comment from the department of commerce.

Add the word "or" to the last sentence to clarify
reporting requirements.

Ecology did not adopt WAC 173-517-190 of the proposed
rule. This section of the proposed rule was not adopted
because existing ecology policy number 1025, Conveying
Stockwater Away from Streams to Protect Water Quality,
contains the same provisions as the proposed rule language.

WATER RESOURCES MANAGEMENT PROGRAM FOR THE QUILCENE-SNOW WATER
RESOURCE INVENTORY AREA (WRIA 17)

PART A - GENERAL PROVISIONSNEW SECTIONWAC 173-517-010
Purpose and Introduction.
(1) The
purpose of this chapter is to retain rivers, streams, lakes
and ponds in the Quilcene-Snow water resource inventory area
(WRIA 17) with instream flows and levels necessary to protect
and preserve wildlife, fish, stock water, scenic, aesthetic,
recreation, water quality and other environmental values and
navigational values.

(2) WRIA 17 is located on the northeastern Olympic
Peninsula and includes portions of Jefferson and Clallam
counties. This chapter excludes part of the Clallam County
portion of WRIA 17.

(3) This chapter sets forth the department of ecology's
(ecology) policies to guide the protection, use and management
of WRIA 17 surface water and ground water resources. It
establishes instream flows and closures, and sets forth a
program for the administration of future water appropriation
and use. For the Chimacum subbasin, where water availability
is severely limited, a small amount of water is reserved for
restricted out of stream use to provide a transition until
alternative sources of water can be developed.

(4) This chapter designates two types of management areas
for administering future water appropriation and use:

(2) Except as provided in subsection (3) of this section,
this chapter applies to the use and appropriation of:

(a) All surface waters within WRIA 17, including all
streams, and their tributaries, that drain to salt water; and

(b) All ground water within WRIA 17, including ground
water hydraulically connected to surface water bodies, as well
as ground water that drains to salt water.

(3) The following portion of WRIA 17 located in Clallam
County, as shown in Map B in WAC 173-517-070, will be
addressed through future rule making and is excluded from
coverage under this chapter:

• Johnson Creek;

• West Sequim Bay;

• Dean Creek;

• Jimmycomelately Creek;

• Chicken Coop Creek; and

• The portion of Miller Peninsula in Clallam County.

(4) This chapter shall not affect existing water rights,
including perfected riparian rights, or other appropriative
rights, unless otherwise provided for in the conditions of the
water right in question. An existing permit-exempt withdrawal
is not subject to the rule to the extent such withdrawal has
been put to beneficial use on the subject property for the
purpose of use in question.

(5) This chapter shall not affect federal or Indian
reserved rights. The Jamestown S'Klallam, Port Gamble
S'Klallam, Lower Elwha Klallam, and Skokomish Tribes reserve
the right to claim a treaty-derived off-reservation instream
flow right with senior priority. The extent of such rights
can only be determined in other forums outside of this
chapter.

(6) This chapter does not limit ecology's authority to
establish flow requirements or conditions under other laws,
including hydropower licensing under RCW 90.48.260.

[]

NEW SECTIONWAC 173-517-030
Definitions.
For the purposes of this
chapter, the following definitions apply. If these
definitions differ from those in related rules, the
definitions presented here shall apply for this chapter:

(1) "Allocation" means the designating of specific
amounts of water.

(2) "Appropriation" means the process of legally
acquiring the right to specific amounts of water for
beneficial uses, as consistent with ground and surface water
codes and other applicable statutes. This term refers to both
surface and ground water right permits and to ground water
withdrawals exempted from permit requirements under RCW 90.44.050.

(3) "Commercial agriculture" means the production of
crops for sale, crops intended for widespread distribution
(e.g., markets), and nonfood crops such as hay and lavender.
Commercial agriculture includes livestock production and
livestock grazing. Commercial agriculture does not include
crops grown for household consumption (e.g., household
vegetable gardens or fruit trees).

(4) "Consumptive use" means a beneficial use of water
that diminishes the amount or quality of water in the water
source.

(5) "Domestic use" means use of water associated with
human health and welfare requirements, including water used
for drinking, bathing, sanitary requirements, cooking,
laundering and other incidental household uses, including
potable domestic water requirements associated with commercial
and industrial purposes.

(6) "Ecology" means the Washington state department of
ecology.

(7) "Group domestic system" means domestic use of the
ground water exemption for two or more residences.

(8) "Hydraulically connected" means saturated conditions
exist that allow water to move between two or more sources of
water, either between surface water and ground water or
between ground water sources.

(9) "Individual user" means all uses on an individual
parcel or adjoining parcels under common ownership that do not
qualify as a group domestic system.

(10) "Instream flow" means a stream flow level set in
rule to protect and preserve wildlife, fish, scenic,
aesthetic, recreation, water quality and other environmental
values, and navigational values. The term "instream flow"
means a base flow under chapter 90.54 RCW, a minimum flow
under chapter 90.03 or 90.22 RCW, or a minimum instream flow
under chapter 90.82 RCW.

(11) "Interruptible use" means a use, authorized under a
water right, which must cease diversion or withdrawal when
stream flows fall below the instream flow levels established
in this rule.

(12) "Mitigation plan" means a plan, submitted to and
approved by ecology, to offset the impacts of a proposed
consumptive use. A mitigation plan may address impacts to a
stream, basin, reach, or other area, for an individual
withdrawal or for multiple withdrawals in a subbasin.

(a) A mitigation plan must show that the proposed
withdrawal with mitigation in place, will not:

• Impair existing water rights, including instream flow
rights;

• Be detrimental to the public interest; or

• Consume water from a closed source.

(b) The plan must include financial assurance, ensure
mitigation measures for the duration of the water use and
prohibit water provided for the purpose of mitigation from
appropriation for any other purpose.

(c) The plan must include a monitoring and reporting
plan, including a quality assurance/quality control plan.

(14) "Permit-exempt withdrawals" or "permit-exempt well"
means a ground water withdrawal exempted from permit
requirements under RCW 90.44.050, but otherwise subject to the
surface and ground water statutes and other applicable laws,
including this chapter.

(15) "Reserve" means a one-time, finite allocation of
water for future appropriations.

(16) "Stream management unit" means a stream segment,
reach, or tributary used to describe the part of the relevant
stream to which a particular instream flow level applies.

(17) "Subbasin" means a reserve management area or
coastal management area as shown on Map B in WAC 173-517-070.

(18) "Withdrawal" means the appropriation or use of
ground water, or the diversion or use of surface water.
Withdrawal includes both withdrawals under a water right
permit and permit-exempt withdrawals.

[]

NEW SECTIONWAC 173-517-040
Compliance and enforcement.
(1) In
accordance with RCW 90.03.605, to assist the public in
complying with this chapter, ecology shall prepare and
distribute technical and educational information regarding the
scope and requirements of this chapter.

(2) When ecology determines that a violation has
occurred, it shall:

(a) First attempt to achieve voluntary compliance. One
method is to offer information and technical assistance to the
person, in writing, showing one or more means to legally
accomplish the person's purposes.

(b) If education and technical assistance do not achieve
compliance, ecology may issue a notice of violation, a formal
administrative order under RCW 43.27A.190, or assess penalties
under RCW 43.83B.336, 90.03.400, 90.03.410, 90.03.600,
90.44.120, and 90.44.130.

(3) Nothing in this section is intended to prevent
ecology from taking immediate action to cause a violation to
be ceased immediately if in the opinion of the department the
nature of the violation is causing harm to other water rights
or to public or tribal resources.

[]

NEW SECTIONWAC 173-517-050
Appeals.
All of ecology's final written
decisions pertaining to permits, regulatory orders, and
related decisions made pursuant to this chapter may be
appealed to the pollution control hearings board in accordance
with chapter 43.21B RCW.

[]

NEW SECTIONWAC 173-517-060
Regulation review.
(1) Ecology reserves
the right to review and amend this rule as needed.

(2) Ecology, in consultation with the counties, the city
of Port Townsend, Jefferson County PUD #1, tribal governments,
other state agencies, and the WRIA 17 planning unit (if
active), may initiate a review, and if necessary a
modification through rule making, of this chapter as
appropriate, including whenever:

• Applicable statutory changes are enacted.

• Significant new information becomes available.

• Significant changes in conditions such as population
growth trends, water service areas and ground water levels
occur.

(3) Ecology, in consultation with the counties, Jefferson
County PUD #1, tribal governments and the WRIA 17 planning
unit (if active), will annually review the allocated and
unallocated amounts for each reserve management area.

[]

NEW SECTIONWAC 173-517-070
Maps.
For the purpose of administering
this chapter, two maps are provided. Map A shows the
boundaries of the stream management units and the control
points. Map B shows reserve management areas, coastal
management areas, and the portion of WRIA 17 not covered by
this chapter.

[]

PART B - INSTREAM FLOWS AND CLOSURESNEW SECTIONWAC 173-517-080
Establishment of stream management
units.
Ecology hereby establishes the following stream
management units, with accompanying control points. A control
point is a designated location on a stream used to set and
measure instream flow levels. Each control point location is
identified by estimated river mile and approximate latitude
and longitude in Table 1. The control points and boundaries
of the stream management units are shown on Map A in WAC 173-517-070.

Table 1Stream Management Unit Information

Stream
Management
Unit Name

Control Point by
River Mile (RM);

Latitude North (Lat)
and Longitude West
(Long)

Stream
Management
Reach

Big Quilcene
River

RM 0.4

Lat 47° 49' 07" N,

Long 122° 52' 17" W

From mouth to
headwaters,
including
tributaries.

Chimacum
Creek

RM 0.3

Lat 48° 03' 00" N,

Long 122° 47' 07" W

From mouth to
headwaters,
including
tributaries.

Donovan
Creek

RM 0.4

Lat 47° 49' 58" N,

Long 122° 51' 43" W

From mouth to
headwaters,
including
tributaries.

Howe Creek

RM 0.5

Lat 47° 52' 43" N,

Long 122° 55' 24" W

From mouth to
headwaters,
including
tributaries.

Leland Creek

RM 0.1

Lat 47° 50' 18" N,

Long 122° 53' 10" W

From mouth to
headwaters,
including
tributaries.

Little Quilcene
River

RM 0.8

Lat 47° 49' 48" N,

Long 122° 52' 30" W

From mouth to
headwaters,
including
tributaries
except Leland
and Howe
creeks.

Ludlow Creek

RM 0.5

Lat 47° 55' 00" N,

Long 122° 43' 00" W

From mouth to
headwaters,
including
tributaries.

Piddling Creek
#17.0200

RM 0.2

Lat 47° 57' 27" N,

Long 122° 41' 54" W

From mouth to
headwaters,
including
tributaries.

Salmon Creek

RM 0.8

Lat 47° 58' 49" N,

Long 122° 53' 49" W

From mouth to
headwaters,
including
tributaries.

Snow Creek

RM 0.4

Lat 47° 59' 02" N,

Long 122° 53' 12" W

From mouth to
headwaters,
including
tributaries.

Spencer Creek

RM 0.0

Lat 47° 44' 45" N,

Long 122° 52' 33" W

From mouth to
headwaters,
including
tributaries.

Tarboo Creek

RM 0.8

Lat 47° 52' 08" N,

Long 122° 49' 03" W

From mouth to
headwaters,
including
tributaries.

Thorndyke
Creek

RM 1.2

Lat 47° 49' 24" N,

Long 122° 44' 23" W

From mouth to
headwaters,
including
tributaries.

[]

NEW SECTIONWAC 173-517-090
Instream flows.
(1) Instream flows
established in this chapter are flow levels which protect and
preserve wildlife, fish, stock water, scenic, aesthetic,
recreation, water quality and other environmental values, and
navigational values.

(2) Instream flows established in this chapter are water
rights, which protect instream values from future consumptive
appropriations. The priority date of the instream flows is
the effective date of this chapter.

(3) Instream flows will be protected from impairment by
any new water rights commenced after the effective date of
this chapter and by all future changes and transfers of senior
and junior water rights, including both surface and ground
water rights. The following water rights are not subject to
instream flows:

(a) Water rights existing before the effective date of
this chapter as explained in WAC 173-517-020(4).

(b) Water rights appropriated from the reserves of water
established in WAC 173-517-150.

(c) Future withdrawals for environmental restoration
purposes under WAC 173-517-200, unless included as a permit
condition.

(4) Instream flows are expressed in cubic feet per second
(cfs), and measured at the control points identified in WAC 173-517-080.

(5) Instream flows are established in Tables 2 through 4
below, for the stream management units identified in WAC 173-517-080.

Table 2Instream Flows (in cfs) for Big and Little Quilcene Rivers,
with Ecology Gauge Number and River Mile (RM)

Month

Big Quilcene
River Ecology
Gauge #17A060
RM 0.4

Little Quilcene
River Ecology
Gauge #17D060
RM 0.8

January

120

61

February

120

61

March

190

100

April

190

100

May

190

92

June

190

66

July

190

66

August

167

27

September

94

30

October

180

48

November

120

61

December

120

61

Table 3Instream Flows (in cfs) for Named Creeks with Ecology Stream Gauges (including gauge number and River Mile (RM))

Month

Chimacum
Creek Ecology
Gauge #17B050

RM 0.3

Salmon Creek
Ecology Gauge
#17F060

RM 0.8

Snow Creek
Ecology Gauge
#17E060

RM 0.4

Tarboo Creek
Ecology Gauge
#17G060

RM 0.8

Thorndyke
Creek Ecology
Gauge #17H060

RM 1.2

January

25

21

35

20

24

February

25

21

35

20

24

March

46

40

50

25

45

April

46

35

50

16

45

May

32

26

50

8

30

June

10

26

35

8

30

July

10

9

17

8

12

August

10

9

15

8

12

September

17

9

20

8

12

October

20

12

35

8

12

November

25

21

35

20

24

December

25

21

35

20

24

Table 4Instream Flows (in cfs) for Other Named Creeks (including River Mile (RM))

Month

Donovan
Creek

RM 0.4

Howe Creek

RM 0.5

Leland
Creek

RM 0.1

Ludlow
Creek

RM 0.5

Piddling
Creek

RM 0.2

Spencer
Creek

RM 0.0

January

15.5

17.1

33.1

32.1

5.8

13.3

February

10.2

11.3

21.8

21.2

3.8

8.8

March

29.8

32.6

58.3

56.8

12.4

26.1

April

29.8

32.6

58.3

56.8

12.4

26.1

May

19.7

21.5

38.5

37.9

8.2

17.2

June

19.7

21.5

38.5

37.9

8.2

17.2

July

6.1

6.8

13.9

13.5

2.1

5.2

August

6.1

6.8

13.9

13.5

2.1

5.2

September

6.1

6.8

13.9

13.5

2.1

5.2

October

6.1

6.8

13.9

13.5

2.1

5.2

November

15.5

17.1

33.1

32.1

5.8

13.3

December

15.5

17.1

33.1

32.1

5.8

13.3

[]

NEW SECTIONWAC 173-517-100
Closures.
(1) Based on past and current
low flows, ecology has determined that no waters are reliably
available for new consumptive uses from the streams and
tributaries in WRIA 17 listed in Table 5, with the exception
of certain times of year in the Big Quilcene River and
Chimacum Creek. Therefore, all surface waters listed in Table
5 are closed to any further consumptive appropriation, except
as provided in WAC 173-517-110.

Ecology finds that there is some water available above
the instream flows at specific locations and times of year in
the Big Quilcene River and Chimacum Creek that could be
appropriated for storage or other projects that do not require
year-round water supplies. These withdrawals require a water
right permit from ecology and are subject to the seasonal
restrictions in Table 5, the instream flows established in WAC 173-517-090, and the allocation limits defined in WAC 173-517-140.

(2) Closures in subsection (1) of this section include
future withdrawals from ground water that would have an
adverse impact on closed surface water, including
permit-exempt withdrawals.

From mouth to
headwaters,
including
tributaries except
Leland and
Howe creeks.

All Year

Ludlow Creek

From mouth to
headwaters,
including
tributaries.

All Year

Piddling Creek
#17.0200

From mouth to
headwaters,
including
tributaries.

All Year

Salmon Creek

From mouth to
headwaters,
including
tributaries.

All Year

Snow Creek

From mouth to
headwaters,
including
tributaries.

All Year

Spencer Creek

From mouth to
headwaters,
including
tributaries.

All Year

Tarboo Creek

From mouth to
headwaters,
including
tributaries.

All Year

Thorndyke
Creek

From mouth to
headwaters,
including
tributaries.

All Year

[]

PART C - FUTURE NEW WATER USENEW SECTIONWAC 173-517-110
Future new water use -- Generally.
A new
surface or ground water appropriation (including any
permit-exempt ground water withdrawal) or other new use may
occur only if consistent with the surface and ground water
statutes and the applicable requirements of law and if any one
of the following seven conditions (subsections (1) through (7)
of this section) apply:

(1) The proposed use is nonconsumptive.

(2) The proposed surface water appropriation would not
have an adverse effect on any of the surface waters closed in
WAC 173-517-100(1).

(3) The proposed ground water withdrawal is located where
it would not adversely affect any of the surface waters closed
in WAC 173-517-100(1), by meeting either condition (a) or (b)
of this subsection:

(a) The person or entity seeking to commence a proposed
ground water appropriation shows, through scientifically sound
studies and technical analysis, that the ground water use
would not have an adverse effect on any of the surface waters
closed in WAC 173-517-100(1), and receives approval of a water
right.

(b) The proposed ground water appropriation occurs in a
coastal management area designated in Map B of WAC 173-517-070.

(4) The person or entity seeking to commence the new
appropriation submits a mitigation plan as defined in WAC 173-517-030(12), and such plan is approved by ecology. If
monitoring shows the mitigation is not effective, use of water
under the appropriation shall then be subject to the instream
flows. In the case of a closed basin, the use shall cease
until an effective mitigation plan, approved by ecology, is
put in place.

(5) The proposed water appropriation qualifies as an
interruptible use and meets the criteria in WAC 173-517-140.

(6) The proposed water appropriation qualifies for the
reserves established and conditioned in WAC 173-517-150.

(7) The proposed water appropriation is for an
environmental restoration project and meets the criteria in
WAC 173-517-200.

[]

NEW SECTIONWAC 173-517-120
Conservation standard.
Ecology has
determined that a conservation standard for new permit-exempt
withdrawals authorized under RCW 90.44.050 is necessary to
conserve available water and protect instream resources.

(1) For the purposes of this chapter the conservation
standard for permit-exempt withdrawals is defined as follows:

(a) Water use from a permit-exempt well must be
consistent with Jefferson County or Clallam County code, as
applicable, and other applicable laws, including the statute
on permit exemptions, RCW 90.44.050, and this rule.

(b) A permit-exempt well serving an individual user shall
not exceed a maximum of 500 gpd or an annual average more than
350 gpd, for all permit-exempt uses authorized under RCW 90.44.050.

(c) A well serving a group domestic system shall not
exceed a maximum use of 500 gpd or an annual average more than
350 gpd, for each residence, and shall not exceed a total use
of 5,000 gpd for the group. The design and construction of
group domestic systems must be consistent with applicable
state department of health requirements and applicable
Jefferson County or Clallam County requirements.

(2) New permit-exempt well use exceeding 500 gpd for an
individual use, including individual uses associated with a
group domestic withdrawal, may occur provided all of the
following are met:

(a) Water use greater than 500 gpd must be offset through
implementation of an approved mitigation plan as described in
WAC 173-517-030(12). If monitoring of a mitigation plan shows
the mitigation is not effective, departmental approval of the
mitigation plan shall be suspended and the water use shall
cease until the department approves a new or revised
mitigation plan; and

(b) Total water use shall not exceed 5,000 gpd.

(3) New permit-exempt withdrawals must measure water use
in accordance with WAC 173-517-180.

[]

NEW SECTIONWAC 173-517-140
Maximum future allocations for
interruptible use.
(1) Ecology finds there may be water
available in excess of instream flows at certain times of
year, which may be appropriated for interruptible uses. This
water is only available from the Big Quilcene River from
November 16 to June 15 and from Chimacum Creek from December 1
to February 29.

(2) A person or entity seeking a new interruptible
appropriation must provide assurances that any negative
effects on surface water that may result from withdrawals will
be limited to the above locations and times.

(3) In no case shall total cumulative appropriations
exceed the allocation limit specified in Table 7 for each
river. However, ecology may lower these allocation limits on
a case-by-case basis, upon consultation with the state
department of fish and wildlife and tribes, whenever more
protection of habitat-forming functions is needed.

(4) Interruptible uses must not impair existing water
rights and instream flows set in WAC 173-517-090.

Table 7Open Period and Allocation Limit

Water Source

Open Period

Allocation Limit
in Cubic Feet
Per Second (cfs)
and Gallons Per
Day (gpd)

Big Quilcene
River

Open Period:
November 16 to
June 15

Allocation Limit:
15 cfs; 9.69
million gpd

Chimacum Creek

Open Period:
December 1 to
February 29

Allocation Limit:
3 cfs; 1.94 million
gpd

[]

NEW SECTIONWAC 173-517-150
Reserves of water for future use.
(1)
Ecology has weighed the public interest that supports
reserving a limited amount of water for new consumptive uses
against the potential for negative impact to instream
resources. For the subbasins discussed in this section
ecology finds that the public interest advanced by limited
reserves clearly overrides the potential for small negative
impact to instream resources.

Based on this finding, ecology hereby allocates an amount
of water for each reserve management area as indicated in
Table 8. These reserves of water are not subject to the
instream flows established in WAC 173-517-090 or closures
established in WAC 173-517-100. The priority date of an
appropriation from a reserve is the effective date of this
chapter.

These reserves are available to a user only if the
conditions set forth in this section are met, as well as any
applicable requirements of law, including, but not limited to,
all water resource laws and regulations.

(2) These reserves shall be available for use only after
the county with jurisdiction commits to ecology in writing
confirming that determinations of adequate potable water for
building permits and subdivision approvals will be consistent
with this chapter.

(3) Permit-exempt well withdrawals from reserves may not
occur where a public water supplier can provide a connection
in a timely and reasonable manner. Determinations of what it
means to provide water service in a timely and reasonable
manner shall be consistent with public water system plans, if
applicable, and applicable state and local laws including, but
not limited to, Jefferson County or Clallam County code.

(4) Donovan, Ludlow, Piddling, Spencer, and Tarboo
subbasins. Withdrawals from the reserves of water in Donovan,
Ludlow, Piddling, Spencer, and Tarboo reserve management areas
shall be limited to permit-exempt well use consistent with the
conservation standard defined in WAC 173-517-120.

(5) Salmon and Snow subbasins. Withdrawals from the
reserves of water in Salmon and Snow reserve management areas
shall be limited to permit-exempt well use consistent with the
conservation standard defined in WAC 173-517-120, and the
following: Up to 5,000 gallons per day of the Salmon Creek
reserve, and up to 3,000 gallons per day of the Snow Creek
reserve may be used for a permit-exempt withdrawal for
commercial agriculture.

(a) Each user must register with ecology or its designee
before water use for commercial irrigation begins.

(b) If the commercial agricultural use ceases, then the
balance of the water returns to the reserve and use of the
well shall be consistent with the conservation standard
defined in WAC 173-517-120.

(6) Little Quilcene and Thorndyke subbasins. Withdrawals
from the reserves of water in Little Quilcene (includes Leland
and Howe creeks), and Thorndyke reserve management areas shall
be limited to permit-exempt well use consistent with the
conservation standard defined in WAC 173-517-120, and the uses
listed below through approval of a water right permit subject
to a public interest evaluation that takes into account water
availability for future domestic use in the subbasin:

(a) Municipal or community domestic water supply with
domestic hookups consistent with the conservation standard
defined in WAC 173-517-120.

(b) Agricultural irrigation.

(c) Industrial.

(7) Big Quilcene subbasin. Withdrawals from the reserve
of water in the Big Quilcene reserve management area shall be
limited to permit-exempt well use consistent with the
conservation standard defined in WAC 173-517-120, and the
following:

(a) Permit exempt withdrawal for commercial agriculture.

(i) Each user is limited to 5,000 gpd as a permit-exempt
well under RCW 90.44.050.

(ii) Each user must register with ecology or its designee
before water use for commercial irrigation begins.

(iii) If the commercial agricultural use ceases, then the
balance of the water returns to the reserve and use of the
well shall be consistent with the conservation standard
defined in WAC 173-517-120.

(b) The uses listed below through approval of a water
right permit subject to a public interest evaluation that
takes into account water availability for future domestic use
in the subbasin:

(i) Municipal or community domestic water supply with
domestic hookups consistent with the conservation standard
defined in WAC 173-517-120.

(ii) Agricultural irrigation.

(iii) Industrial.

(8) Chimacum subbasin. Future withdrawals from the
reserve of water in the Chimacum reserve management area shall
be limited to domestic permit-exempt well use as defined in
WAC 173-517-030(5), and such use shall not include outdoor
irrigation, except for the following:

(a) When alternative water supply or a mitigation
strategy is approved by ecology and implemented, this
limitation to domestic use for the Chimacum basin no longer
applies and permit-exempt well use consistent with the
conservation standard defined in WAC 173-517-120 is allowed.

(b) If the report for U.S. Geological Survey ground water
model currently under construction for the Chimacum Creek
subbasin identifies specific areas within the Chimacum
subbasin where new well pumping will not have any effect on
creek flows, withdrawals from new wells in those areas will
not be deducted from the reserve and will not be subject to
the restriction on outdoor irrigation. Instead, use of new
permit-exempt wells will be regulated by the statutory permit
exemption found in RCW 90.44.050. If such a change occurs,
ecology shall notify the public of these findings through
publication of a Chimacum Creek Water Supply Bulletin.

(9) The place of use of water taken from the reserve is
limited to the reserve management area from which it is
withdrawn unless ecology, in consultation with the applicable
county, department of fish and wildlife, and tribes allow
specific transfers between subbasins. An applicant for a
water right that includes out of subbasin water use must
comply with WAC 173-517-210.

(10) When each reserve is fully appropriated, the
applicable reserve management areas are hereby closed to any
further consumptive appropriation. Under such circumstances
water for new uses may be available in accordance with WAC 173-517-110, such as:

• Water right permits subject to
public interest test for domestic
availability

*This table lists the types of allowed uses. See the text of the rule for specific requirements for each use.

[]

NEW SECTIONWAC 173-517-160
Accounting for use under the reserves.
(1) Ecology shall maintain a record of all appropriations from
the reserves.

(2) For an appropriation under a permit, ecology will
account for water use under the reserve based on authorized
quantities under water right permits or certificates, and
metering data.

(3) For permit-exempt ground water appropriations from
reserves other than Chimacum subbasin, ecology will deduct a
standard amount of 250 gpd for each single domestic use. For
a permit-exempt agricultural use, ecology will deduct 5,000
gpd for the Big Quilcene and Salmon Creek subbasins and 3,000
gpd for the Snow Creek subbasin. The amounts deducted from
the reserves may be adjusted periodically by ecology, to
reflect actual use during low flow conditions based on
metering data or other measurements.

(4) For permit-exempt ground water appropriations from
the Chimacum reserve, ecology will deduct a standard amount of
13 gpd for each single domestic use.

(5) If a water user permanently ceases use of water,
ecology may credit the water to the appropriate reserve, upon
demonstration, through written certification, that the well or
surface water diversion has been decommissioned.

(6) Ecology shall notify the county (or counties) with
jurisdiction, and publish a public notice, when it determines
that fifty percent, seventy-five percent, and one hundred
percent, respectively, of a reserve is appropriated.

(7) If a new appropriation, located in a subbasin with a
reserve, is fully offset through implementation of an approved
mitigation plan as described in WAC 173-517-030(12), then
ecology will not deduct the amount of new water use from the
reserve.

[]

NEW SECTIONWAC 173-517-170
Lakes and ponds.
RCW 90.54.020 (3)(a)
requires, in part, that the quality of the natural environment
shall be protected, and where possible, enhanced, and that
lakes and ponds shall be retained substantially in their
natural condition.

Any withdrawal from a lake or pond in WRIA 17 requires a
water right permit from ecology, and must be consistent with
the provisions of this chapter.

[]

NEW SECTIONWAC 173-517-180
Measuring water use.
Each future new
appropriation of ground water or surface water, including
permit-exempt well use, is required to install and maintain a
measuring device (water meter) meeting specifications provided
by ecology. The user must report to ecology, by December 31
of each year, meter readings demonstrating water use for the
previous water year, October 1 through September 30, or as
directed by ecology.

[]

NEW SECTIONWAC 173-517-200
Future surface water withdrawals for
environmental restoration.
Ecology finds that the public
interest advanced by future withdrawals for environmental
restoration projects (ERPs), as defined and conditioned in
this section, clearly overrides the minimal negative impacts
on instream flows.

(1) Ecology may approve a future withdrawal for an ERP
only if it meets all the following:

(a) The proposed water use is for a bypass flow for
salmonid habitat restoration, or for riparian planting, and
the primary purpose of the project is restoration of
salmonids;

(b) The proposed project will result in aquatic habitat
benefits, and such benefits will exceed any detriment to
aquatic habitat that may be caused by reductions in flow at
specific locations and times of withdrawal; and

(c) The proposed use qualifies for a temporary permit.

(2) Ecology, in consultation with the department of fish
and wildlife and tribes, will evaluate proposed ERPs. ERPs
approved by ecology are not subject to closures or instream
flows set in this chapter, unless otherwise conditioned by the
permit.

[]

NEW SECTIONWAC 173-517-210
Out of subbasin water use.
(1) Ecology
recognizes that rainfall patterns, and the rain shadow effect
of the Olympic Mountains, affect water availability in WRIA
17. In addition, population growth patterns in WRIA 17 have
historically shown highest growth in areas with less rainfall.
For these reasons, ecology recognizes that future water right
applicants may request using water from one subbasin in a
different subbasin, and that such out of subbasin water use
may have lasting effects on the community. Such use may occur
only if consistent with all applicable requirements of state
and federal law.

(2) An applicant for a water right that includes out of
subbasin water use shall:

(a) Provide the public an opportunity to review and
comment on the proposed application. The applicant shall:

• Advertise and convene a public meeting to explain the
proposal; and

• Allow for public comment on the potential for the
proposed use to be harmful to the public interest.

(b) The applicant shall provide ecology a report which
identifies:

• Alternatives examined;

• Any alternatives/modifications that the applicant has
rejected and why; and

• Any alternatives/modifications that the applicant
accepts and, if relevant, have been made.

(c) The report in (b) of this subsection shall also
summarize the comments received through the public meeting in
(a) of this subsection on the potential for the proposed use
to be harmful to the public interest.